Announcement of the State Tobacco Monopoly Bureau on Issuing the Measures for the Administration of Electronic Cigarettes Announcement No.1 of the State Tobacco Monopoly Bureau in 222 In order to further strengthen the supervision of new tobacco products such as electronic cigarettes, standardize the market order, ensure people's health and safety, and promote the legalization and standardization of industrial governance, according to the Law of the People's Republic of China on Tobacco Monopoly, the Law of the People's Republic of China on the Protection of Minors, the Law of the People's Republic of China on Tobacco Monopoly. March 11, 222 (voluntary disclosure) Measures of the State Tobacco Monopoly Bureau for the Administration of Electronic Cigarettes Chapter I General Provisions Article 1 In order to strengthen the administration of electronic cigarettes and standardize the market order of electronic cigarettes, these Measures are formulated in accordance with the Law of the People's Republic of China on Tobacco Monopoly, the Law of the People's Republic of China on the Protection of Minors, and the Regulations for the Implementation of the Law of the People's Republic of China on Tobacco Monopoly. Article 2 These Measures shall apply to the production, operation, supervision and management of electronic cigarettes within the territory of the People's Republic of China. Article 3 The term "electronic cigarette" as mentioned in these Measures includes cigarette bombs, smoking sets and products sold in combination of cigarette bombs and smoking sets. Article 4 The department of tobacco monopoly administration in the State Council is in charge of the supervision and management of e-cigarettes nationwide, and is responsible for formulating and organizing the implementation of e-cigarette industrial policies. The tobacco monopoly administrative departments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for implementing relevant industrial policies, and shall be in charge of the supervision and administration of electronic cigarettes within their respective administrative areas. Cities and counties with tobacco monopoly administrative departments shall be in charge of the supervision and administration of e-cigarettes within their respective administrative areas. Article 5 Electronic cigarette products shall meet the mandatory national standards for electronic cigarettes. The main body of e-cigarette production and operation should be honest and trustworthy, and carry out production and operation activities according to law. Article 6 The state and society shall strengthen publicity and education on the health hazards of smoking electronic cigarettes, discourage teenagers from smoking electronic cigarettes, and prohibit primary and secondary school students from smoking electronic cigarettes. Chapter II Production and Quality Management Article 7 The department of tobacco monopoly administration in the State Council shall organize professional institutions to conduct technical evaluation on electronic cigarette products according to inspection and testing reports and other application materials. E-cigarette inspection and testing institutions certified by the State Council Tobacco Monopoly Administration Department undertake the inspection, testing, monitoring and evaluation required by supervision and management. The department of tobacco monopoly administration shall establish a sampling and testing system for e-cigarettes, and inspect or test the licensed enterprises, individuals and their products regularly or irregularly. Article 8 The establishment of e-cigarette production enterprises (including product production, agent processing, brand holding enterprises, etc., the same below), aerosol production enterprises and nicotine production enterprises for e-cigarettes shall be reported to the tobacco monopoly administrative department of the State Council for examination and approval before the project can be approved in accordance with the relevant provisions of the state. The establishment of the above-mentioned enterprises must be approved by the administrative department of tobacco monopoly in the State Council, obtain the license of tobacco monopoly production enterprise, and be approved and registered by the market supervision and management department; Its division, merger and cancellation must be approved by the department of tobacco monopoly administration in the State Council, and the relevant registration formalities shall be handled with the market supervision and management department. Without obtaining the license of tobacco monopoly production enterprise, the market supervision and management department shall not approve the registration. The initial public offering and listing of shares of enterprises as mentioned in the preceding paragraph shall be subject to the examination and approval of the department of tobacco monopoly administration in the State Council. Article 9 To engage in the production and business activities of e-cigarette products, aerosols, nicotine for e-cigarettes, etc., and obtain the license of tobacco monopoly production enterprise, the following conditions shall be met: (1) having funds suitable for production; (2) Having the technology and equipment required for production; (3) It meets the requirements of the national e-cigarette industry policy; (four) other conditions stipulated by the administrative department of tobacco monopoly in the State Council. If the above-mentioned production enterprises need permission from other relevant departments, they shall also obtain corresponding permission. An e-cigarette brand holder applying for a tobacco monopoly production enterprise license shall, in addition to the conditions specified in items 1, 3 and 4 of the first paragraph, submit application materials such as an e-cigarette entrustment agreement. The applicant shall be responsible for the legality, authenticity and completeness of the contents of his application materials. Article 1 If an electronic cigarette business entity holding a tobacco monopoly production enterprise license changes the scope of the license or has other circumstances stipulated by the tobacco monopoly administrative department of the State Council, it shall re-apply for a tobacco monopoly license; Where other registered items are changed, the tobacco monopoly license shall be changed in time. Eleventh electronic cigarette production enterprises, aerosol production enterprises and electronic cigarette nicotine production enterprises to expand production capacity of capital construction or technological transformation, must be approved by the Department of tobacco monopoly administration in the State Council. Article 12 Tobacco monopoly products such as tobacco leaves (including reconstituted tobacco leaves and tobacco stems, the same below), redried tobacco leaves and cut tobacco used by e-cigarette product manufacturing enterprises, e-cigarette brand holding enterprises, aerosol manufacturing enterprises and e-cigarette nicotine manufacturing enterprises shall be purchased from tobacco enterprises that have the right to operate tobacco leaves, redried tobacco leaves and cut tobacco, and tobacco waste shall not be illegally purchased. The department of tobacco monopoly administration in the State Council issued the purchase and sale plan of tobacco monopoly products such as tobacco leaves, redried tobacco leaves and cut tobacco. Article 13 E-cigarette products shall use registered trademarks, and the regulations on the use and management of trademarks of tobacco products shall apply. Article 14 E-cigarette products shall comply with the relevant provisions on the packaging labels and warnings of e-cigarette products. Fifteenth engaged in electronic cigarette production and business activities, should establish a product quality assurance system, responsible for the quality of its products. Commissioned the production of electronic cigarette products, electronic cigarette brand holding enterprises should be responsible for the quality of electronic cigarette products commissioned, and strengthen the management of the production behavior of entrusted processing enterprises to ensure that they produce in accordance with legal requirements. Article 16 The department of tobacco monopoly administration in the State Council shall establish a unified traceability system for e-cigarettes to strengthen the whole process management of e-cigarettes. Chapter III Sales Management Article 17 An enterprise that has obtained the license of tobacco monopoly wholesale enterprise shall be approved by the department of tobacco monopoly administration before it can engage in the wholesale business of electronic cigarette products. Eighteenth engaged in electronic cigarette retail business, shall apply to the department of tobacco monopoly administration for tobacco monopoly retail license or change the scope of license. To obtain a tobacco monopoly retail license to engage in e-cigarette retail business, the following conditions shall be met: (1) having funds suitable for operating e-cigarette retail business; (2) Having a fixed business place independent of its domicile; (3) Conforming to the requirements of rational distribution of local e-cigarette retail outlets; (four) other conditions stipulated by the administrative department of tobacco monopoly in the State Council. Ordinary primary and secondary schools, special education schools, secondary vocational schools, specialized schools and kindergartens are not allowed to set up sales outlets for e-cigarette products. Nineteenth the State Council tobacco monopoly administrative departments to establish a unified national e-cigarette trading management platform. E-cigarette manufacturers, aerosol producers, nicotine producers, e-cigarette wholesale enterprises and e-cigarette retail business entities that have obtained tobacco monopoly licenses according to law shall conduct transactions through the e-cigarette trading management platform. E-cigarette products that have not passed the technical review shall not be listed for sale. E-cigarette products on the market should be consistent with the product information that has passed the technical review. Article 2 E-cigarette product manufacturers and e-cigarette brand holders who have obtained tobacco monopoly licenses according to law shall sell e-cigarette products to e-cigarette wholesale enterprises through the e-cigarette trading management platform. Electronic cigarette wholesale enterprises shall not provide electronic cigarette products to units or individuals that do not have the qualifications to engage in electronic cigarette retail business. An enterprise or individual who has obtained a tobacco monopoly retail license and is qualified to engage in e-cigarette retail business shall purchase e-cigarette products from local e-cigarette wholesale enterprises, and shall not exclusively engage in e-cigarette products listed for sale. Article 21 The supervision and management of e-cigarette advertisements shall be governed by the provisions of relevant laws, regulations and rules on tobacco advertisements. It is forbidden to hold exhibitions, forums and expositions to promote electronic cigarette products in various forms. Article 22 It is forbidden to sell electronic cigarette products to minors. E-cigarette operators should set up signs in a prominent position not to sell e-cigarettes to minors; If it is difficult to determine whether they are minors, they shall be required to show their identity documents. Twenty-third prohibit the use of vending machines and other self-service sales or disguised sales of electronic cigarette products. No individual, legal person or other organization may sell e-cigarette products, aerosols and nicotine for e-cigarettes through the information network outside the e-cigarette trading management platform as stipulated in these Measures. Article 24 The transportation of electronic cigarette products, aerosols and nicotine for electronic cigarettes shall be subject to the supervision of the department of tobacco monopoly administration. Delivery, carrying of electronic cigarette products, aerosols and nicotine for electronic cigarettes in different places shall be subject to quota management, and shall not exceed the quota stipulated by the relevant competent authorities in the State Council. Twenty-fifth individuals entering the territory of China to carry electronic cigarette products shall be subject to quota management, and shall not exceed the quota stipulated by the relevant competent department of the State Council. Article 26 It is prohibited to sell flavored electronic cigarettes other than tobacco flavors and electronic cigarettes that can be added with atomized substances by themselves. Chapter IV Import and Export Trade and Foreign Economic and Technical Cooperation Article 27 The Department of Tobacco Monopoly Administration of the State Council shall supervise and manage the import and export trade and foreign economic and technical cooperation of electronic cigarettes according to law. Twenty-eighth enterprises holding the license of tobacco monopoly wholesale enterprises can engage in the wholesale business of imported products only after the approval of the administrative department of tobacco monopoly in the State Council and the change of the license scope. Twenty-ninth import of electronic cigarette products, aerosols and nicotine for electronic cigarettes, etc., shall report the demand to the department of tobacco monopoly administration in the State Council, and comply with the relevant provisions of the state. Imported e-cigarette products, aerosols and nicotine for e-cigarettes shall be sold to e-cigarette wholesale enterprises, e-cigarette product manufacturers and e-cigarette brand holders through the e-cigarette trading management platform as stipulated in these Measures. Imported e-cigarette products sold in China shall pass the technical review and use the trademark approved and registered in China. Thirtieth imported electronic cigarette products shall be subject to commodity inspection according to the relevant provisions of the state. Article 31 Imported e-cigarette products shall be marked with the words stipulated by the tobacco monopoly administration department of the State Council. Article 32 The packaging of electronic cigarette products exclusively for export shall meet the requirements stipulated by the tobacco monopoly administrative department of the State Council. Thirty-third electronic cigarette products that are not sold in China and are only used for export shall meet the requirements of laws, regulations and standards of the destination country or region; If the destination country or region has no relevant laws, regulations and standards, it shall comply with the relevant requirements of Chinese laws, regulations and standards. Chapter V Supervision and Inspection Article 34 The department of tobacco monopoly administration shall supervise and inspect the implementation of these Measures according to law, investigate and deal with cases that violate these Measures, and investigate and deal with the production and sale of fake and inferior e-cigarette products, aerosols and nicotine used in e-cigarettes, infringement of intellectual property rights, illegal business operations, smuggling and other acts jointly with relevant departments. The department of tobacco monopoly administration or the department of tobacco monopoly administration in conjunction with relevant departments may inspect and deal with the illegal transportation of e-cigarette products, aerosols and nicotine for e-cigarettes according to law. Article 35 The department of tobacco monopoly administration may exercise the following functions and powers when investigating cases violating these Measures: (1) Ask the parties, suspects and witnesses of illegal cases; (two) to inspect the business premises of the parties to the illegal case, and to deal with the illegal production or operation of electronic cigarette products, aerosols and nicotine for electronic cigarettes according to law; (3) consulting and copying contracts, invoices, account books, bills, records, documents, business correspondence and other materials related to illegal activities. Article 36 For individuals, legal persons and other organizations that violate these measures, the department of tobacco monopoly administration may take measures such as regulatory talks, suspend the trading qualification of the platform, order them to suspend their production and business operations and carry out rectification until they are disqualified from engaging in the production and business operations of e-cigarette products, aerosols and nicotine for e-cigarettes according to law. Article 37 The department of tobacco monopoly administration shall establish a credit management system, list the untrustworthy market subject as the key supervision and inspection object, strengthen supervision, and at the same time incorporate the untrustworthy information into the national credit information sharing platform and the national enterprise credit information publicity system, and publicize it according to law. Article 38 The product quality supervision and inspection of e-cigarettes and the identification and inspection of counterfeit registered trademark e-cigarettes and fake and inferior e-cigarettes shall be conducted by the e-cigarette inspection and testing institutions certified by the tobacco monopoly administration department of the State Council or by the e-cigarette inspection and testing institutions that meet the legal requirements. Thirty-ninth units and individuals who have made meritorious contributions in reporting cases of illegal production and sale of electronic cigarette products, atomized substances and nicotine used in electronic cigarettes shall be rewarded. Chapter VI Supplementary Provisions Article 4 The term "smoke bomb" as mentioned in these Measures refers to electronic cigarette components containing atomized substances; Smoking sets include electronic cigarette smoking sets, heated cigarette smoking sets and smoking sets used for other new tobacco products. Electronic cigarette smoking sets refer to devices for people to suck, suck, chew or sniff cigarette liquid through atomization. The products sold in combination with smoking sets include disposable electronic cigarettes and electronic cigarettes sold in a packaging unit according to relevant national standards. Atomized substances refer to mixtures and auxiliary substances that can be completely or partially atomized into aerosols by electronic devices. Forty-first business entities in these Measures shall go through the relevant registration procedures with the market supervision and management department in accordance with the law when obtaining or changing the relevant licensing matters. Article 42 Anyone who violates these measures shall be punished by the department of tobacco monopoly administration and other departments in accordance with the division of responsibilities according to the provisions on legal responsibilities in the Tobacco Monopoly Law of the People's Republic of China, the Law of the People's Republic of China on the Protection of Minors, and the Regulations for the Implementation of the Tobacco Monopoly Law of the People's Republic of China. Forty-third heating cigarettes into cigarette management. Other new tobacco products shall be implemented in accordance with the relevant provisions of these measures. Article 44 The administrative department of tobacco monopoly in the State Council shall be responsible for the interpretation of these Measures. Article 45 These Measures shall come into force as of May 1, 222.

Link: Policy Interpretation of the Measures for the Administration of Electronic Cigarettes On November 1, 221, the Decision of the State Council on Revision (Guo Decree No.75, hereinafter referred to as the Decision) was officially promulgated and implemented. According to the newly revised Regulations on the Implementation of the Tobacco Monopoly Law of the People's Republic of China, in order to further strengthen the supervision of new tobacco products such as e-cigarettes, standardize the market order and safeguard the legitimate rights and interests of consumers, the State Tobacco Monopoly Bureau has studied and formulated the Measures for the Administration of E-cigarettes (hereinafter referred to as the Measures). The interpretation of the relevant situation is as follows: 1. The background and process of the formulation of the Administrative Measures. In recent years, due to the existence of regulatory gaps, the e-cigarette industry has developed in disorder, and some products have problems such as unclear nicotine content, unknown added ingredients, and cigarette oil leakage. In particular, some operators have misled consumers, induced minors to take it, and infringed on minors.